Jones v. Paul Revere Life Insurance

Appellate Division of the Supreme Court of New York

Jones v. Paul Revere Life Insurance

238 A.D.2d 884, 661 N.Y.S.2d 565, 1997 N.Y. App. Div. LEXIS 4669

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 25, 1997

StatusPublished

Cited by1 cases

This text of 238 A.D.2d 884 (Jones v. Paul Revere Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Paul Revere Life Insurance, 238 A.D.2d 884, 661 N.Y.S.2d 565, 1997 N.Y. App. Div. LEXIS 4669 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant and the cross motion of plaintiff for summary judgment. Although the record establishes that plaintiff made misrepresentations on the policy application, defendant failed to establish "that it would have rejected the application if the information had been truthful” (Cutrone v American Gen. Life Ins. Co., 199 AD2d 1032, 1033). There is, therefore, a question of fact regarding the materiality of the misrepresentation (see, Cutrone v American Gen. Life Ins. Co., supra).

We have considered the parties’ remaining contentions and conclude that they are without merit. (Appeals from Order of Supreme Court, Erie County, Flaherty, J.—Summary Judgment.) Present—Denman, P. J., Pine, Doerr, Balio and Fallon, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant and the cross motion of plaintiff for summary judgment. Although the record establishes that plaintiff made misrepresentations on the policy application, defendant failed to establish "that it would have rejected the application if the information had been truthful” (Cutrone v American Gen. Life Ins. Co., 199 AD2d 1032, 1033). There is, therefore, a question of fact regarding the materiality of the misrepresentation (see, Cutrone v American Gen. Life Ins. Co., supra).

We have considered the parties’ remaining contentions and conclude that they are without merit. (Appeals from Order of Supreme Court, Erie County, Flaherty, J.—Summary Judgment.) Present—Denman, P. J., Pine, Doerr, Balio and Fallon, JJ.

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238 A.D.2d 884, 661 N.Y.S.2d 565, 1997 N.Y. App. Div. LEXIS 4669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-paul-revere-life-insurance-nyappdiv-1997.

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